Shaping EU Law the British Way

Graham Butler is Associate Professor of Law, Aarhus University, Denmark. Adam Lazowski is Professor of EU Law, Westminster Law School, University of Westminster, (UK), Visiting Professor at College of Europe (Natolin) and at Ivan Franko National University in Lviv (Ukraine).

Acknowledgements
Graham Butler and Adam Lazowski

Foreword
Anthony M. Collins

Introduction
Graham Butler and Adam Lazowski

PART I: SETTING THE SCENE

1. Let’s Take the Canvass Out: Advocates General at the Court of Justice of the European Union
Graham Butler and Adam Lazowski

2. Framing Exercises: The Role of the Advocates General
Mitchel de S-O-l’E Lasser

3. Shaping EU Law: Ireland and the Common Law in Europe
Nial Fennelly

4. Culture Clash? The UK Tradition of Open Justice and the Court of Justice of the European Union
Aidan O’Neill

5. The History and Biographies of the UK Advocates General
Vera Fritz

PART II: JEAN-PIERRE WARNER: THE EARLY DAYS OF COMMUNITY LAW (1973–1981)

6. Accession to the Communities, and Compensation under the Common Agricultural Policy: Opinion of Advocate General Warner in Ireland v Council
Elaine Fahey

7. Horizontal Application of EU Law, Non-discrimination on Grounds of Nationality, and EU Sports Law: Opinion of Advocate General Warner in Walrave and Koch
Stephen Weatherill

8. Reconciling the Special Provision on State Monopolies with the General Provisions on the Free Movement of Goods: Opinion of Advocate General Warner in Manghera
Graham Butler

9. Equivalence and Effectiveness in the Enforcement of EU Rights: Opinion of Advocate General Warner in Rewe
Alan Dashwood

10. Previous Criminal Convictions and Public Policy Exceptions: Opinion of Advocate General Warner in Bouchereau
Christa Tobler

11. Rights of Undertakings in EU Antidumping Proceedings: Opinion of Advocate General Warner in Bearings I
Rosa Greaves

12. Free Movement of Goods and the Public Morality Exception: Opinion of Advocate General Warner in Henn and Darby
Adam Cygan

13. An Expedient of Proceedings: Opinion of Advocate General Warner in Foglia v Novello I
Kieran Bradley

14. Legal Professional Privilege in EU Competition Law: Opinions of Advocates General Warner and Slynn in AM&S Europe
James Flynn

PART III: GORDON SLYNN: EMBEDDING THE REVOLUTIONARY DOCTRINES (1981–1988)

15. Artificial Arrangements and References for a Preliminary Ruling: Opinion of Advocate General Slynn in Foglia v Novello II
Daniel Sarmiento

16. The Intrinsic Value of Part-time Work in the Construction of the Internal Market: Opinion of Advocate General Slynn in Levin
Jeff Kenner

17. Free Movement of Goods and the Public Security Exception: Opinion of Advocate General Slynn in Campus Oil
Graham Butler

18. Ants Working Hard, and the Free Movement of Legal Services as Professional Activities: Opinion of Advocate General Slynn in Klopp
Takis Tridimas

19. Blurring the Boundaries of the Free Movement of Goods: Opinion of Advocate General Slynn in Cinéthèque
Eleanor Spaventa

20. Formal-Style Reasoning and its Progeny: Opinion of Advocate General Slynn in Marshall I
John Cotter

21. Free Movement of Goods and Double Standards in Public Morality: Opinion of Advocate General Slynn in Conegate
Laurence W Gormley

22. To Beer, Or Not to Beer? That is the Public Health Question: Opinion of Advocate General Slynn in Commission v Germany (Beer Purity)
Steve Terrett

PART IV: DAVID EDWARD: JUDGE ACTING AS ADVOCATE GENERAL IN THE COURT OF FIRST INSTANCE (1992)

23. Powers, Duties, and Responsibilities of the Commission When Dealing with Complaints about Infringements of EU Competition Law: Opinion of Judge Edward Acting as Advocate General in Automec and Asia Motor France
Richard Whish

PART V: FRANCIS JACOBS: FROM EUROPEAN COMMUNITIES TO EUROPEAN UNION (1988–2006)

24. The Rehabilitation of Trade Marks, the Demise of the Doctrine of Common Origin, and the Overruling of Prior Case Law: Opinion of Advocate General Jacobs in HAG II
David T Keeling

25. ‘Civis Europeus Sum’, Thirty Years On: Opinion of Advocate General Jacobs in Konstantinidis
Dimitry Kochenov

26. Don’t Let Them Steal Our Music Away: Opinion of Advocate General Jacobs in the Legal Duet of Phil Collins and Cliff Richard
Adam Lazowski

27. The Relationship between the Action for Annulment and Preliminary Reference Procedures: Opinion of Advocate General Jacobs in TWD
Angela Ward and Graham Butler

28. Ulysses Unbound? Political Questions, Judicial Answers, and the Rule of Law in EU Foreign Policy: Opinion of Advocate General Jacobs in Commission v Greece (FYROM)
Geert De Baere

29. Effective Judicial Protection of EU Rights before National Courts: Opinion of Advocate General Jacobs in Van Schijndel
Andrea Biondi

30. The Meeting of International Sanctions and European Human Rights: Opinion of Advocate General Jacobs in Bosphorus
Piet Eeckhout

31. The Game Over the Boards: Opinion of Advocate General Jacobs in Albany
Carl Baudenbacher

32. The Virtue of Moderation: Opinions of Advocate General Jacobs in Oscar Bronner and PreussenElektra
Luca Rubini

33. Protecting the Rights of Individuals: Opinion of Advocate General Jacobs in UPA
Anthony Arnull

34. Breaking New Ground on EU Fundamental Rights: Opinions of Advocate General Jacobs in Wachauf and Schmidberger
Peter Oliver

35. Restrictions on Advertising and the Free Movement of Goods and Services: Opinions of Advocate General Jacobs in Leclerc-Siplec, De Agostini, and Gourmet
Stefan Enchelmaier

36. Achtung Baby! Objectives of International Agreements Matter: Opinion of Advocate General Jacobs in Pokrzeptowicz-Meyer
Anna Labedzka

PART VI: ELEANOR SHARPSTON: THE LEGAL ORDER PRE-AND POST-LISBON (2006–2020)

37. When Security Trumped the Rule of Law: Opinion of Advocate General Sharpston in Heinrich
Helen Xanthaki and Adam Lazowski

38. The Inconvenience of Names: Opinion of Advocate General Sharpston in Grunkin and Paul
Adrienne Yong

39. Legislation, Interpretation, and Equal Treatment: Opinion of Advocate General Sharpston in Sturgeon
Paul Craig

40. ‘When Citizens Move, They Do So as Human Beings, Not as Robots’: Opinion of Advocate General Sharpston in Ruiz Zambrano
Niamh Nic Shuibhne

41. Access to Administrative and Judicial Review in Public Interest Litigation: Opinion of Advocate General Sharpston in Slovak Bears
Theodore Konstadinides

42. The Notion of ‘Court or Tribunal of a Member State’: Opinion of Advocate General Sharpston in Miles
Tamara Capeta

43. Mutual Recognition, Mutual Trust, and EU Criminal Law: Opinion of Advocate General Sharpston in Radu
Valsamis Mitsilegas

44. Discrimination on Grounds of Religion or Belief and Neutrality Requirements: Opinion of Advocate General Sharpston in Bougnaoui
Ronan McCrea

45. EU Competence to Conclude Trade Agreements: Opinion of Advocate General Sharpston in Opinion 2/15
Panos Koutrakos

46. Horizontal Direct Effect of Directives Reconsidered: Opinion of Advocate General Sharpston in Farrell II
Eleni Frantziou

47. The Rule of Law, Sincere Cooperation between Member States, and Solidarity: Opinion of Advocate General Sharpston in Temporary Relocation
Michael-James Clifton

48. Homophobic Speech and its Prohibition under EU Anti-discrimination Law: Opinion of Advocate General Sharpston in NH
Alina Tryfonidou

49. The Right to a Tribunal Established by Law: Opinion of Advocate General Sharpston in Simpson and HG
Sébastien Platon

PART VII: AFTERWORDS

50. Reflections of an Advocate General: 1988–2006
Francis G Jacobs

51. Reflections of a Judge Acting as Advocate General in the Court of First Instance: 1990–1992
David Edward

52. ‘Can’t Those European Judges Think for Themselves?’ An Afterword on Why the Court (Still) Needs its Advocates General
Eleanor Sharpston

PART VIII: EU LAW WITHOUT UK ADVOCATES GENERAL

53. Neither Advocates, Nor Generals: The UK Advocates General and the Shaping of EU Law
Graham Butler and Adam Lazowski